| 104 |
High-ways.
their Accounts, and may compel them (as aforesaid) to pay all Arrerages
in their hands 2 & 3 P. & M. 8. The Offences against
18 El. 10. shall be heard
and determined in their open Sessions. 18 El. 10. So
that it seems they can
do nothing relating to that Statute, but in Sessions. |
Chap. 50.
2 P. & M. |
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Note, That all such Fines or Forfeitures arising
in the Sessions, shall be
levied by Estreated indepted, made by the Clerk of the Peace, who shall
Seal and Sign such Estreats, and shall deliver the one part thereof so
sealed
and signed to the Bailiff or High-Constable of the same Hundred, and
the other part thereof to the Constables or Churchwardens of the Parish
where such Default was made; and to be delivered by the Clerk of the
Peace within six Weeks after Michaelmas yearly; the which Estreats
shall
be a sufficient Warrant to the said Bailiff or High-Constable, to levy
such
Fines and Forfeitures by Distress: and all such FInes and Forfeitures
shall
be bestowed by the Churchwardens on the High-ways in the same Parish.
All Forfeitures by 18 El. 10 shall be levied by the Surveyors
by Distress and
Sale, and the Mony shall be employed ion the High-way; and if they levy
it
not within a year, then the Constables and Churchwardens may levy it, and
shall Accompt. 18 El. 10. |
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Also two Justices of Peace (by the Statute 18 El.
10.) may take the
Accompt of the Surveyors of the Ways, and of the petty Constables and
Churchwardens, for all such Forfeitures (within the Statute) as they have
levied. 18 El. cap. 10. |
18 El. 10. |
| §. 18. |
All charitable Gifts for making or repairing
High-ways, Pavements,
Causways; all Issues for not appearing to Indictments, or Informations,
for
not repairing High-ways, or removing Nusances, all Fines and Amercements
on places or persons for not repairing High-ways not otherwise thereby
disposed of, shall be employed on the High ways to be levied by the Surveyors
by Warrant under two Justices of Peaces Hands by Distress and Sale.
14 Car. 2. c. 6. And for them, such Surveyors shall within
one Month after
the end of his year, Accompt with the Inhabitants, as well what he hath
received and employed, and how, and of all Arrears thereof, and shall pay
over the overplus; and for default of such Accompt, upon complaint, Two
Justices of Peace living near to, or in the Parish, may examine the business,
and send the Surveyor to Gaol, until he make a true and perfect Accompt
and
Payment. 14 Car. 2. c. 6. |
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Here I thought good to move some doubts that have
arose upon the
former Statutes; and desire that some Resolution may hereafter be given,
for better satisfaction, for that they be so ordinarily questioned. |
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§. 19.
Querses. |
What, and how much a Plough-land is, Sir Ed.
Coke in his Ninth part,
in Low's Case, and upon Littleton, telleth us, and saith,
That a Carue
or Hide of Land, or a Plough-land, which is all one, is not of any certain
content, but so much as one Plough may Plough in one year; and so in
some Countries it is more, and in some other it is less (according to the
|heaviness of their soil:) and herewith agreeth Mr. Lambert, verbo
Hide. |
Co. 9. 12. 4.
Co. L. 69. |
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Differences arising upon several Presentments,
what shall be conceived a
Plough-land, an Order of Explanation was made, that One hundred Acres
should be Ten esteemed, and One Peny an Acre for all more, 1 October,
16 Jac. |
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| Plough-land. |
And afterwards upon the same difference, 80
Acres was to be accounted a
Plough-land, and so proportionably to be charged for mending the High-ways,
Ord. 28 Apr. 12. Carlib. Ses. Pac. Mid. |
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And of the same Opinion was Judge Prisot,
35 H. 6. 29. where he saith,
THat a Carue of Land is greater in one Country than in another, for that |
35 H. 6. c. |
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